Simpson Thacher Wins Dismissal for Marinette Marine in Antitrust Class Action
04.24.24
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On April 19, Simpson Thacher secured the dismissal of an antitrust class action filed in the Eastern District of Virginia against client Marinette Marine Corporation. Marinette Marine was named along with other shipbuilders as a defendant in the class action alleging that the shipbuilders violated Section 1 of the Sherman Antitrust Act by engaging in a no-poach conspiracy.
In his order granting a joint dismissal motion from the shipbuilders, U.S. District Judge Anthony J. Trenga rejected the plaintiffs’ contention that their complaint sufficiently alleged fraudulent concealment to toll the Sherman Act’s four-year statute of limitations, which had otherwise expired. The previous holdings of the Fourth Circuit on the requirement to plead affirmative acts constituting a fraudulent concealment, Judge Trenga wrote, "require a rejection" of the allegations, since they simply "alleged failures to admit wrongdoing, and as such, are insufficient to plead affirmative acts."
The Simpson Thacher team included John Terzaken, Abram Ellis and Geoffrey Schmelkin.